What can a defendant do if a judgement has been made in a debt collection case and the defendant was not aware of the court date?

Asked on July 27, 2012 under Bankruptcy Law, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Why were you not aware?  Were you ever served with court papers and if yes did you put in an "Answer" to the "Summons and Complaint?"  If you did then you should have been notifeid.  But I think what happened is that you were not properly served and the creditor took a "default judgement" against you. What you have to do is to make a Motion to Vacate the Default on the basis of their failure to properly serve you with the summond and complaint.  You may need a "meritorious defense" to the suit - you paid, you are disputing the charges, etc. - in order to do so.  You may wish to negotiate a settlement and ask for a satisfaction of judgement. Good luck.


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